Summary

For undergraduate sophomore-level course in Administration of Justice, or junior-level course in American Criminal Courts. Providing readers with a thorough understanding of our justice system, this popular text explains the duties and responsibilities of the law enforcement agencies, courts, and correctional departments from the time of arrest through the sentencing of the criminal offender. Avoiding confusing legalese, it addresses why we have laws and why those laws are broken, the constitutional rights of an accused, and the underlying philosophy of correctional endeavors. The text helps students gain a deeper understanding of our justice system and of the role each member must play to achieve, through teamwork, law and order for all.

Table of Contents

Preface

ix

Historical Development of Laws and Crime Causation

1

(22)

The Cost of Crime

1

(2)

The Early Development of Laws

3

(3)

Classification of Crimes and Punishment

6

(1)

Crime Causation

7

(16)

Historical Development of the Justice System

23

(27)

The Invasion of England

24

(1)

The Magna Charta

25

(1)

Early Treatment of Offenders

26

(4)

The Establishment of Juries

30

(4)

Historical Development of the Bill of Rights

34

(2)

The Bill of Rights

36

(1)

Due Process of Law

37

(1)

Court Structures

38

(12)

The Arrest

50

(25)

Arrest of the Law Violator

50

(2)

Arrests and Warrants

52

(1)

Territorial Jurisdiction to Make an Arrest

53

(4)

Force in Effecting an Arrest

57

(3)

Miranda and Its Effect

60

(3)

Immunity from Arrest

63

(2)

Booking

65

(1)

Issuance of a Citation

66

(1)

The Summons

67

(8)

The Initial Appearance

75

(24)

Purpose of the Initial Appearance

75

(4)

The Complaint

79

(1)

The Warrant of Arrest

79

(1)

Bail

80

(19)

Pretrial Proceedings

99

(28)

Arraignment

99

(9)

The Grand Jury

108

(7)

The Preliminary Hearing

115

(4)

The Coroner

119

(8)

Place and Time of the Trial

127

(16)

Pretrial Action

127

(1)

Place of the Trial

127

(2)

Time of the Trial

129

(14)

The Trial

143

(24)

Court Trial Versus Jury Trial

143

(7)

Public Trial

150

(17)

Confrontation and Assistance of Counsel

167

(26)

The Presence of the Defendant at a Trial

167

(5)

The Right to Counsel

172

(21)

Pretrial Motions, Hearings, and Plea Negotiations

193

(22)

Pretrial Right of Discovery

193

(5)

The Motion to Suppress Evidence

198

(1)

The Motion to Dismiss Charges

199

(2)

The Motion for Continuance

201

(1)

The Motion for Severance of Offenses

202

(1)

The Motion for Severance

203

(1)

The Motion to Determine Competency

204

(1)

Pretrial Conference

205

(1)

Plea Negotiation

205

(10)

The Trial: Roles of Major Participants

215

(14)

The Adversary System

215

(1)

The Judge

216

(4)

The Victim and the Perpetrator

220

(1)

The Prosecuting Attorney

221

(2)

The State Attorney General

223

(1)

The Defense Counsel

224

(2)

The Clerk of the Court

226

(1)

The Bailiff

226

(1)

The Court Reporter

227

(1)

The Court Commissioner

227

(2)

The Jury

229

(30)

A Jury of One's Peers

229

(3)

The Jury Panel or Jury List

232

(4)

Exemption from Jury Duty

236

(1)

Challenging the Jurors for Cause

237

(6)

Peremptory Challenge

243

(3)

Alternate Jurors

246

(2)

Sequestering the Jury

248

(4)

The Future of the Jury System

252

(7)

Trial Procedure

259

(38)

Opening Statements

259

(2)

Reasonable Doubt

261

(1)

Witnesses

262

(2)

The Subpoena

264

(1)

Examination of Witnesses

265

(7)

Introduction of Physical Evidence

272

(2)

Defense Presentation

274

(3)

Rebuttal by the Prosecution

277

(1)

Not Guilty by Reason of Insanity

278

(8)

Closing Arguments

286

(11)

The Jury: Instructions and Deliberation

297

(13)

Instructions to the Jury

297

(2)

Deliberation

299

(11)

The Verdict, Appeals, and Appellate Citations

310

(19)

The Verdict

310

(7)

Appeals

317

(4)

Appellate Court Citations

321

(8)

The Sentence and Correctional Procedures

329

(30)

History of Punishment

329

(4)

Present Sentencing Procedure

333

(2)

Types of Sentencing

335

(10)

Parole

345

(5)

The Fine

350

(9)

Sentencing Philosophy and Clemency

359

(27)

Punishment as a Deterrence

359

(1)

Rehabilitation

360

(7)

Correctional Facilities

367

(1)

The Correctional Officer

368

(3)

The Death Penalty

371

(10)

Executive Clemency

381

(5)

Extradition, Writs, and Juvenile Justice

386

(14)

Extradition

386

(4)

Writs

390

(3)

Juvenile Justice

393

(7)

Victims' Rights

400

(17)

The Historical Perspective

400

(3)

Restitution

403

(3)

Compensation

406

(3)

Victim Impact Statements

409

(1)

Constitutional Issues

409

(8)

Appendix A Outline of Trial Procedure

417

(2)

Appendix B Psychological Report on the Issue of Insanity

419

(2)

Appendix C Motion for the Production and Inspection of Evidence and Information That May Lead to Evidence